Clemency for Tina Peters endangers us all (Opinion) ...Middle East

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Clemency for Tina Peters endangers us all (Opinion)

Last week, Gov. Jared Polis said he was considering clemency for Tina Peters, the former Mesa County Clerk serving a nine-year sentence for using her position to circumvent security protocols and grant unauthorized illegal access to the County’s voting equipment in the 2020 election. While the governor’s benevolent instincts are laudable, leniency here would only invite more lawbreaking, and ultimately, more suffering — in Colorado and beyond.

Peters, who is 70 years old, is a cause celebre among those who insist the 2020 election was stolen. President Donald Trump performatively issued her a “full pardon” — but it has no legal effect because Peters was convicted under state law. Not only has Trump repeatedly attacked the governor on social media for failing to intervene on Peters’ behalf, but he has also vetoed bipartisan legislation and tried to withhold billions in funding for Colorado’s neediest families, for clean water and for disaster relief.

    Amidst this relentless pressure campaign, the governor recently expressed his view that Peters “got a sentence that was harsh. . . . And when you have people that are elderly, and we’re looking at this across a number of many people — people in their 70s or 80s in our system — how much of a threat to society are they and how do we balance that in a way that makes sure they can spend their last year few years at home.”

    The governor is right to examine whether elderly inmates in our state prisons pose a continuing threat to society. The governor is likewise justified in exploring a range of options for ensuring Colorado receives the funding it needs. But here, such altruistic considerations do not justify capitulating to a lawless authoritarian in the White House.

    The courts are already stepping in, freezing the president’s attempt to withhold funds for child care, food assistance, housing, and job training. And despite stark polarization, it’s clear there is real bipartisan alignment within the state’s delegation to keep fighting in Congress for other critical state priorities.

    Even if clemency led the White House to dial back the ongoing efforts to punish Colorado, acquiescence today only invites future harassment. Bending to the demands of a bully does not earn goodwill – it signals that extortion and coercion are likely to pay off again. Accommodation on points of principle – justice, the rule of law, truth itself – send a troubling signal that, if enough pressure is applied, anything is up for negotiation.

    Moreover, clemency for Peters would do incalculable damage to our state and our nation. Peters has never repented for her crimes, conceded the legitimacy of the 2020 election, or apologized for the untold harm she caused to fellow election officials. Clemency would open the door to more lawbreaking, inspire further attacks on the integrity of our elections, and foment deeper divisions in our state.

    Trump has already shown by pardoning January 6th rioters that he can protect allies who break the law on his behalf from federal law enforcement. But state law – and the prospect of serious criminal penalties for serious criminal behavior – remains an essential deterrent. If Trump can demonstrate in such a high-profile way that he can also protect his apparatchiks from state law consequences — even in state under the stewardship of a principled, independent governor — it will be a ringing invitation to his allies to break the law on his behalf when it comes to the upcoming elections, here and around the country.

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    And here’s the thing: Peters is up for parole consideration in 2028. The legal system will work on its own, as it does for any ordinary person. The parole board would undoubtedly consider and give great weight to the governor’s humanitarian concerns then.

    Regardless of Gov. Polis’ best intentions and just motives, gubernatorial clemency would be proof that you can break the law and get away with it as long as you do it for Donald Trump.

    Max Potter was the senior media adviser to former Colorado Gov. John HIckenlooper and is now a writer/editor with Protect Democracy. Beau Tremitiere resides in Boulder County and is a counsel at Protect Democracy, where he leads programs to defend the rule of law.

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